Last reviewed: May 2026
Key facts:- Paternity Leave gives eligible fathers and partners up to two weeks off work, paid at Statutory Paternity Pay rates or 90 per cent of earnings if lower.
- From April 2024, the two weeks can be taken in two separate blocks within 52 weeks of the birth, rather than as one block in the first eight weeks.
- Employees need 26 weeks continuous service by the qualifying week and average weekly earnings at the Lower Earnings Limit or above.
UK Employment Rights Hub › Uk Paternity Leave Explained
Paternity Leave is a statutory entitlement for the partner of someone who has just had or adopted a baby. Reforms that took effect on 6 April 2024 made the system significantly more flexible by allowing the two weeks to be split into two one-week blocks and taken at any time within the first year. This guide explains the 2026 entitlement, who qualifies, what notice must be given, and how it interacts with Shared Parental Leave.
Who Can Take Paternity Leave
Paternity Leave is available to the biological father of the child, the husband or partner of the mother (including same-sex partners), the civil partner of the mother, and the partner of an adopter. The employee must intend to take time off to support the mother or adopter or to care for the child.
The entitlement is parent-neutral. The legislation uses partner of the mother rather than father, ensuring that same-sex couples and unmarried partners have equal access. The relationship to the child does not need to be biological.
Employees who do not qualify for Statutory Paternity Leave or Pay may still have contractual paternity leave through their employer policy. Larger employers often offer enhanced paternity leave that goes beyond the statutory minimum.
Eligibility Tests
There are three eligibility tests. First, 26 weeks of continuous employment with the same employer by the end of the qualifying week. The qualifying week is the 15th week before the expected week of childbirth for biological parents, or the matching week for adoptive parents.
Second, average weekly earnings in the eight weeks before the qualifying week must be at or above the Lower Earnings Limit. The 2025/26 LEL was 125 pounds. The 2026/27 figure is set alongside the National Insurance framework.
Third, the employee must intend to take time off to support the mother or adopter or to care for the child. The leave must be taken within 52 weeks of the birth or placement, not before.
The Two Weeks and the April 2024 Changes
Statutory Paternity Leave is two weeks. From 6 April 2024 the two weeks can be taken as one two-week block or as two separate one-week blocks. The blocks do not have to be consecutive and can be taken at any time within the first 52 weeks.
Before April 2024, paternity leave had to be taken as a single block within the first 56 days after birth. The reform reflects modern fathering patterns, where partners often want to use leave around antenatal appointments, the birth itself, and key moments later in the first year.
The Paternity Leave (Amendment) Regulations 2024 implemented the change. The notice requirement was also simplified: 28 days notice for each week of leave, with employees free to change the timing with appropriate notice.
How to Apply - Notice and Forms
Notice of paternity leave must be given to the employer at least 28 days before each week of leave. For births, the notice can be given for both weeks at once or for each week separately. For adoption, notice must be given within seven days of being matched with the child.
There is no statutory notice form. Most employers have an internal HR form. Where the employer does not, a simple letter or email setting out the proposed dates is sufficient. The notice should include the expected date of birth, the planned start date of leave and the planned end date.
The employer must respond to confirm the leave is granted. Where the employer disputes eligibility, the dispute is dealt with through the normal employer grievance procedure and, if needed, an Employment Tribunal claim for refusal of statutory leave.
Pay, Allowances and SPL
Statutory Paternity Pay is at the lower of the standard SPP rate or 90 per cent of average weekly earnings. For 2025/26 the standard rate was 184.03 pounds a week. The 2026/27 rate is uprated by September 2025 CPI.
Enhanced contractual paternity pay is common in larger employers. A typical scheme pays full salary for the two weeks. The employer normally claims the SPP element back from HMRC and tops it up to the contractual figure.
Shared Parental Leave is a separate scheme that allows up to 50 weeks of leave and 37 weeks of pay to be shared between parents. SPL is taken in addition to the two weeks of paternity leave, not instead of it. Many partners take the two weeks of paternity leave first, then move on to SPL.
Real-World Scenarios Under the New Flexibility
Hospital and recovery weeks. Many partners take one week of paternity leave at the time of birth (often around hospital discharge) and a second week six to eight weeks later when the mother is starting to return to social or work activity. This pattern is much harder under the pre-2024 rules.
Critical events during the year. Partners can save a week of leave for a critical event later in the year - the start of childcare, a medical appointment for the baby, the move to a new home, or coverage of the mother return to work. The reform supports more practical use of the two weeks.
Combining with annual leave. Where the partner has annual leave entitlement, combining one week of paternity leave with one week of annual leave creates a two-week block at the birth, with a second week of paternity leave saved for later. This stretches the time off effectively.
Foreign workers. Workers who are not UK nationals but who are employed in the UK and meet the 26 weeks continuous service rule qualify for SPP in the same way as UK national workers. The employer must operate SPP regardless of the worker nationality.
Where to Get Free Independent Help
Acas (the Advisory, Conciliation and Arbitration Service) is the statutory body that provides free guidance to workers and employers on workplace issues including paternity leave uk. The Acas helpline is the first port of call for many employment law questions. Acas also runs early conciliation before Employment Tribunal claims.
Citizens Advice and law centres provide free initial advice on paternity leave uk. Some law centres have specialist employment law advisers and can represent claimants at Employment Tribunal hearings free of charge. The Law Centres Network website at lawcentres.org.uk lists centres by location.
Trade unions provide free legal advice and representation to members on paternity leave uk. Even where the worker is not currently a union member, joining a union before issues arise gives access to professional advice if problems develop later. The TUC website at tuc.org.uk identifies relevant unions.
The Employment Tribunal handles workplace disputes that cannot be resolved through Acas. The tribunal is a no-cost jurisdiction (no fees to issue claims at the time of writing) and is designed to be accessible to litigants in person. The gov.uk employment tribunal pages explain the process.
For specific protected groups, dedicated organisations provide tailored support. The Equality Advisory Support Service helps with discrimination claims under the Equality Act 2010. Maternity Action specialises in pregnancy and maternity rights at work. Working Families is a charity supporting families with workplace flexibility issues.
Where the issue involves workplace health and safety, the Health and Safety Executive (HSE) is the enforcement body. HSE accepts reports from workers concerned about unsafe practices and can investigate. Reports are confidential to the extent practicable. The HSE website at hse.gov.uk explains how to raise a concern.
Putting It All Together
The rules above set out the legal framework, the practical steps and the support routes available. Where the situation is straightforward, the gov.uk pages and the official tools should be enough to act on. Where the situation is more complex, the free advice services listed in the previous section can usually clarify the position and identify the right next step. Many issues that look intractable at first turn out to be resolvable once the right service is engaged.
Keeping written records of communications and decisions throughout is good practice. Where a decision needs to be challenged later - through an internal complaint, an ombudsman, a tribunal or a court - the quality of the contemporaneous record often decides the outcome. Dates, names, reference numbers and copies of correspondence are the building blocks of any later dispute. The gov.uk advice pages and the relevant ombudsman or tribunal websites all set out the evidence they consider when reviewing decisions, and gathering that evidence from the start is one of the most effective protections available.
Frequently Asked Questions
How long is paternity leave?
Two weeks. From April 2024, the two weeks can be taken as two separate one-week blocks within 52 weeks of the birth or placement, rather than as a single block in the first eight weeks.
Can the partner of the birth mother take paternity leave?
Yes. The legislation is parent-neutral and applies to the partner of the mother regardless of gender or whether they are married, in a civil partnership or unmarried.
Do I qualify if I just changed jobs?
Not for statutory paternity leave. The 26 weeks continuous service test means new starters do not qualify until they reach 26 weeks with the new employer.
How much is Statutory Paternity Pay?
The lower of the standard SPP rate or 90 per cent of average weekly earnings. The 2025/26 rate was 184.03 pounds a week. The 2026/27 rate is uprated by September 2025 CPI.
Can I take paternity leave and Shared Parental Leave?
Yes. Paternity Leave (two weeks) and SPL (up to 50 weeks shared) are separate entitlements. Many partners take the two paternity weeks first then move to SPL.
What notice must I give my employer?
28 days before each week of leave. For adoption, notice must be given within seven days of being matched with the child.
Can I take paternity leave if I am freelance?
Statutory Paternity Pay is for employees, not self-employed workers. Self-employed partners cannot claim SPP but may have other support routes such as Maternity Allowance for self-employed mothers.
Does paternity leave continue if the baby is in hospital?
Yes. Paternity leave can be deferred or split where the baby has prolonged hospital stay. The 52-week window from birth gives flexibility to take the leave when the family is most ready.
How does paternity leave interact with shared parental leave?
Both can be taken. Paternity leave (2 weeks) is taken first. SPL (up to 50 weeks shared) can then be taken in blocks. The two are designed to complement each other.
Can my paternity leave overlap with maternity leave?
Yes. The two parents can be on parental leave at the same time. The two-week paternity leave is separate from Shared Parental Leave, which can be taken concurrently or sequentially.
How We Verified This
Information is taken from the Employment Rights Act 1996, the Statutory Paternity Pay and Adoption Pay (General) Regulations 2002 on legislation.gov.uk, the Paternity Leave (Amendment) Regulations 2024, the gov.uk paternity pay and leave pages, and the Shared Parental Leave regulations.
